Outcomes

The Building and Construction Industry Security of Payment Amendment Bill 2018 (the Bill) has passed Parliament.

The Bill received assent from the Governor on 28 November 2018 becoming the Building and Construction Industry Security of Payment Amendment Act 2018 (the Amendment Act). The Amendment Act will commence on 21 October 2019.

The Amendment Act will strengthen the security of payment framework while improving the operation of the Act and facilitating greater confidence within the industry of the Act’s ability to facilitate cash flow along the construction chain.

Key reforms include:

• providing a statutory minimum entitlement to make a payment claim at least once per month, for work done within that month,
• re-inserting the requirement for the endorsement of payment claims,
• allowing claimants to make a final payment claim where a contract has been terminated,
• shortening payment due dates,
• enabling subcontractors to be able to inspect the retention money trust account records,
• enabling the Minister to make a code of practice for Authorised Nominating Authorities, and
• new investigative and enforcement powers to investigate, monitor and enforce compliance with the Act.

The Amendment Act is available on the NSW Legislation website.